                                 CODE OF VIRGINIA

POWERS OF THE DEPARTMENT (§ 10.1-104)

A. The Department shall have the following powers, which may be delegated by the
Director:

   1. To employ such personnel as may be required to carry out those duties
   conferred by law;

   2. To make and enter into all contracts and agreements necessary or incidental
   to the performance of its duties and the execution of its powers, including
   but not limited to contracts with private nonprofit organizations, the United
   States, other state agencies and political subdivisions of the Commonwealth;

   3. To accept bequests and gifts of real and personal property as well as
   endowments, funds, and grants from the United States government, its agencies
   and instrumentalities, and any other source. To these ends, the Department
   shall have the power to comply with such conditions and execute such
   agreements as may be necessary, convenient or desirable;

   4. To prescribe rules and regulations necessary or incidental to the
   performance of duties or execution of powers conferred by law;

   5. To establish noncompetitively procured contracts, notwithstanding the
   Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.), with private
   nonprofit organizations that are exempt from federal taxation, to conduct
   revenue producing activities on Department lands provided the revenue
   generated after expenses is used to benefit Virginia State Parks and the
   Natural Area Preserve System. This subsection shall not provide for
   establishing contracts for capital improvements to state-owned facilities or
   on Department lands;

   6. To establish the Office of Environmental Education to provide increased
   opportunities for public education programs on environmental issues. The
   Office shall initiate and supervise programs designed to educate citizens on
   ecology, pollution and its control, technology and its relationship to
   environmental problems and their solutions, population and its relationship to
   environmental problems, and other matters concerning environmental quality;

   7. To perform acts necessary or convenient to carry out the duties conferred
   by law; and

   8. To assess civil penalties for violations of &#xA7; 10.1-200.3.

B. Pursuant to the Administrative Process Act (&#xA7; 2.2-4000 et seq.), the
Department may promulgate regulations necessary to carry out the purposes and
provisions of this subtitle. A violation of any regulation shall constitute a
Class 1 misdemeanor, unless a different penalty is prescribed by the Code of
Virginia. However, a violation of the Virginia State Park Regulations (4VAC5-30)
shall constitute a Class 3 misdemeanor.

HISTORY: 1984, c. 739, §§ 10-21.3:4, 10-21.3:5; 1984, c. 750, § 10-254; 1985,
c. 448; 1988, c. 891; 2001, c. 370; 2007, c. 632; 2009, c. 392; 2012, cc. 803,
835.